On March 28th, 2014 Pace Law School will hold a symposium examining Social Media & Social Justice (to register for this CLE event go here). The symposium will consist of 5 different panels and a keynote luncheon speaker. The presenters are both academics and practitioners who will examine a host of issues related to social media and the law.
9:00 a.m. Welcome (9:00 -9:10)
Michelle Simon, Dean, Pace Law School
Panel 1 Social Media and Courtroom Justice (9:10 – 10:10)
John Browning, Partner, Lewis Brisbois, Bisgaard & Smith LLP
Prosecutorial Misconduct in the Digital Age
Nicole Booth-Perry, Associate Professor, Florida A&M University College of Law
Friends of Justice; How Social Media Impacts the Public Perception of the Provision of Justice
Caren Morrison, Assistant Professor of Law, Georgia State University College of Law
Investigating Jurors through Social Media
Moderator: Jason Zenor, Assistant Professor, School of Communications, SUNY Oswego
Panel 2 Social Media and Civil Justice (10:20-11:35)
Victoria Diana Baranetsky, First Amendment Fellow, The New York Times
Is Social Media a New Government Agency?
James Grimmelmann, Professor of Law, University of Maryland Frances King Carey School of Law
Anarchy, Status Updates, and Utopia
Tal Zarsky, Faculty of Law, University of Haifa – Haifa Center for Law and Technology &
Niva Elkin-Koren, Faculty of Law, University of Haifa – Haifa Center for Law and Technology
Social Justice, Social Norms and Governance of Social Media
Moderator: Horace Anderson, Professor of Law, Pace Law School
Key Note Speaker (11:45-12:35)
Darren Hutchinson, Professor of Law, Stephen C. O’Connell Chair, University of Florida Levin College of Law
Social Movements 2.0: Can Social Media Facilitate Social Change?
Panel 3 Social Media and Courtside Justice (1:30- 2:20)
Raizel Liebler, Head of Faculty Scholarship Initiatives, The John Marshall Law School &
Keidra Chaney, Editor, The Learned Fangirl
On and Off the Court: Ownership and Control of Athlete Social Media Accounts
Meg Penrose, Professor of Law, Texas A&M University School of Law
Shut up and Play: A Constitutional Analysis of First Amendment Rights of College Athletes to Use Social Media
Moderator: Mary Duty, Esq.
Panel 4 Social Media and Criminal Justice (2:25-3:25)
Daniel Harawa, Associate, Covington & Burling LLP
The Thought Police, Criminalizing Social Media Usage
Thaddeus Hoffmeister, Professor of Law, University of Dayton School of Law
Social Media and the Rise of the Virtual Deputy
Audrey Rogers, Professor of Law, Pace University School of Law
Shamed to Death: Bullying and Pornography
Moderator: Elizabeth Lynch, Senior Staff Attorney, MFY Legal Services, Inc.
Panel 5 Social Media, Liberties and Justice (3:35-4:50)
Anita Bernstein, Anita & Stuart Subotnick Professor of Law, Brooklyn Law School
Abuse and Harassment Diminish Free Speech
Elaine Chiu, Professor of Law, St. John’s University School of Law
Personal Information Involuntarily Made Public: Protecting Women with Existing Practices
John Humbach, Professor of Law, Pace University School of Law
How to Write a Constitutional “Revenge Porn” Law
Diane Zimmerman, Samuel Tilden Professor of Law Emerita, New York University School of Law
Social Media and Copyright Law; Coexisting in a Single World
Moderator: Ann Bartow, Professor of Law, Pace Law School
Wrap Up (4:45-5:00)
Here are the new social media guidelines for attorneys in NY.
California has become the first state in the country to introduce legislation to safeguard a juror’s social media username and password. California bill (A.B. 2070) prohibits a court from requiring or requesting a juror or prospective juror to disclose a username or password for the purpose of accessing personal social media or requiring the juror or prospective juror to access personal social media in the presence of the judge, counsel for either party, or any other officer of the court.
AB 2070 introduced earlier this year by State Representative Nora Campos is most likely in response to recent efforts by attorneys to gain greater access to the social media accounts of jurors. As some may recall, the attorneys representing Jodi Arias filed a motion, which was denied, to obtain the Twitter handles of prospective jurors. Also, two years ago, a California Appellate Court in Juror #1 v. Superior Court directed a juror to make his Facebook account available to the court.
Below is a description of upcoming changes to LinkedIn’s Terms of Service. The following changes caught my eye
In Section 2.14, we clarify that we will take steps to let members know about demands for their data unless we’re legally prohibited from doing so or the request is deemed an emergency. We also specify that we may dispute such demands if we believe they are too broad, too vague, or lack proper authority.
These changes concern user privacy and the Stored Communications Act (SCA). As some of you are aware, the SCA determines the conditions under which social media providers like LinkedIn can turn over user information to third parties like the government.
Over the past two years, we welcomed SlideShare and Pulse to the LinkedIn platform, and we’ve done a lot to make them a core part of what LinkedIn is today. To further simplify the member experience, we will integrate SlideShare and Pulse’s Terms of Service into LinkedIn’s, so you’ll only have one set of terms to agree to when interacting with LinkedIn properties.
Additionally, we will enable you to discover opportunities and share content across our services. For example, your SlideShare experience can be personalized based on your LinkedIn profile, your network, and your engagement with content from both services. Or with Pulse, we’ll be able to deliver the most relevant personalized professional content to help you stay informed.
Here are some other changes you’ll see in our Terms of Service:
Member data. We’ve always had a high bar when it comes to responding to government requests for member data and that hasn’t changed. In Section 2.14, we clarify that we will take steps to let members know about demands for their data unless we’re legally prohibited from doing so or the request is deemed an emergency. We also specify that we may dispute such demands if we believe they are too broad, too vague, or lack proper authority.
Premium services. While it is not new that LinkedIn offers premium services that give our customers access to members’ profiles to generate career and business opportunities, we’ve rewritten Section 2.12 to clarify that our corporate offerings include Talent Solutions, Marketing Solutions and Sales Solutions.
Mobile numbers. As LinkedIn expands our services globally, we recognize that the mobile phone has become a ubiquitous communications tool. We’ve updated Section 1.2 to include the forthcoming option to use your mobile number to sign in to LinkedIn.
Update to Our User Agreement
Content Availability. LinkedIn has always operated within the laws and frameworks of the countries in which we operate. We recently launched a LinkedIn site in Simplified Chinese, and as we said at the time of our launch, we may be required by local regulations to remove certain content, which means this content may not be available on LinkedIn in China. While LinkedIn has always reserved the right to remove content (e.g. when it’s hurtful or infringing on others’ rights), we believe it’s important to be transparent that sometimes laws may require us to remove certain content, and we make that clear in Section 4.1.
Here is a presentation by Ryan Garcia in which he discusses the Seven Stories of Social Media Legal Risk. Ryan was the keynote speaker at Charleston Law School’s Symposium on social media (go here to learn more about the symposium). In this presentation, Ryan, who teaches Social Media Law at the University of Texas and also blogs on the topic, examines some of the legal implications that arise with using social media. Ryan is an engaging speaker who knows a lot about social media and the law.